Bee Line Onlines High Speed Internet Service Subscriber Agreement Bee Line Cable serving - PDF document

1 Bee Line Online’s HighSpeed Internet ServiceSubscriber AgreementBee Line Cable serving your municipality ("Bee Line Cable") will provide Bee Line Online HighSpeedInternet Service (the "Service") to customer ("Customer") on the terms andconditions set forth below. Bee Line may use third party providers forcertain aspects of the Service (the "Underlying Providers"). By using theService you agree to be bound by the terms and conditions of this Agreement.1. EQUIPMENT a. Bee Line Cable Equipment: Customer may either rent or purchase a cable modemfrom Bee Line Cable directly. In some locations, customers may have the option ofpurchasing a DOCSIScompliant standard modem either from Bee Line or from athird party. Any cable modem or Ethernet card rented from Bee Line, as well 2 UNDERLYING PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANYDAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA RESULTINGFROM ANY VIRUS OR OTHER HARMFUL FEATURE. d. End User Licenses: Customer agrees to comply with the terms andconditions of all end user license agreements accompanying any software orplugins to such software distributed in connection with the Service. Allend user licenses supplied by Bee Line Cable or its Underlying Providers willterminate at such time as the Service is terminated by Customer or Bee Line Cable. 3. LIMITED WARRANTY EXCEPT AS OTHERWISE SET FORTH IN ANY USER LICENSE AGREEMENT REFERENCED INSECTION 2 ABOVE, BEELINE CABLE EQUIPMENT AND THE SERVICE ARE PROVIDED BY BEE LINE CABLEAND ITS UNDERLYING PROVIDERS "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHERBEE LINE CABLE NOR ITS UNDERLYING PROVIDERS WARRANTS UNINTERRUPTED OR ERROR FREEUSE OR OPERATION OF THE BEE LINE CABLE EQUIPMENT, CUSTOMER EQUIPMENT OR THESERVICE. CUSTOMER'S SOLE REMEDY FOR CLAIMS ARISING OUT OF USE OF THE SERVICEOR INABILITY TO USE THE SERVICE SHALL BE LIMITED TO A PRO RATA CREDIT OFMONTHLY SERVICE CHARGES TO BE APPLIED AGAINST FUTURE MONTHLY SERVICESHEREUNDER UPON TIMELY CUSTOMER REQUEST AND BEE LINE CABLE VERIFICATION. NEITHERBEE LINE CABLE NOR ITS UNDERLYING PROVIDERS WARRANTS THAT ANY DATA OR FILES SENT BYOR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM, AT ANY MINIMUM SPEEDOR WITHIN A REASONABLE PERIOD OF TIME. TO THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT,FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED. 4. PAYMENT TERMS . Agreement to Pay: Customer agrees to pay all applicable charges, fees andtaxes ("Service Fees"). The timing of the assessment of Service Fees will bedetermined in the sole discretion of Bee LineCable. If Bee Line Cable has agreed tocharge Customer's credit card or debit card for the Service Fees (as opposedto billing the Customer for payment in cash, by check or money order),Customer authorizes Bee Line Cable to charge Customer's credit card and debit cardfor all such Service Fees. As applicable, Customer agrees to provide toBee Line Cable updated credit card and debit card information on a timely basisprior to the expiration or termination of the credit card or debit card onfile with Bee Line Cable or in the event that Customer's credit card limit or debitcard balance is or will be insufficient to cover payment. Upon terminationof Service and return of all Bee Line Cable Equipment undamaged, normal wear andtear excluded, Customer will be credited on a pro rata basis for any monthlyService Fees prepaid and unused.a. Late Payments, Failure to Pay: If any payment is not timely received, orif Bee Line Cable is unable to charge Customer's credit card or debit card due toinvalid credit card or debit card information or due to insufficient creditor funds, an administrative charge may be assessed and the Service may bedisconnected. If the Service is disconnected, Customer may be required topay a reconnect fee in addition to all past duecharges before the Serviceis reconnected. The administrative charge is intended to be a reasonableadvance estimate of the costs resulting from Customer's late payments andnonpayments as it would be difficult to determine the costs associated withany particular late payment or nonpayment. Payments are expected to be paidin full when due. Bee Line Cable does not extend credit to Customers and theadministrative charge is not intended as interest, a credit service chargeor a finance charge. No acceptance of partial payment shall constitute awaiver of Bee Line Cable's right to collect the full balance owing. b. Additional Charges: The Service will allow Customer to access theInternet, online services and other commercial sites. Customer acknowledgesthat (s)he may incur charges for goods or services purchased online inaddition to those billed by Bee Line Cable and agrees that all such charges,including all applicable taxes are Customer's sole responsibility. c. Credit Inquiries: Customer authorizes Bee Line Cable to make inquiries and toreceive information about Customer's credit experience from others, to enterthis information in Customer's file, and disclose such informationconcerning Customer to appropriate third parties for reasonable businepurposes. d. Billing Errors: Unless otherwise provided by applicable law, Customermust notify Bee Line Cable of any billing errors or other requests for creditwithin ninety (90) days of receipt of the disputed bill, and any claims notmade within said ninety (90) days, shall be deemed waived. 5. COLLECTION, USE AND DISCLOSURE OF INFORMATION ON SUBSCRIBER USE Collection of Information: Bee Line Cable collects, uses and releasesinformation on Customer use of the Service as necessary to render thService, to otherwise undertake legitimate business activities related tothe Service and to comply with law. Bee Line Cable may collect information inaccordance with applicable law concerning Customer's use of the Service andcustomer preferences whichare reflected in the choices that a customermakes among the range of services offered as part of the Service, the timethat the customer actually uses the Service, the menus and features usedmost often by the Customer, and other information about a customer's"electronic browsing." a. Use of Information: Collecting information contained in transmissionsmade by Customer through the Service directed at Bee Line Cable, its UnderlyingProviders, Internet web sites, or other service providers to which access isprovided as part of the Service, is necessary to provide the Service.Bee Line Cable's detailed business records generally are used to help make surecustomers are properly billed; to send customers pertinent information aboutthe Service; and for accounting purposes. Customer information is also usedto execute requests and orders placed by customers with advertisers,merchants, and other service providers; to understand customers' reactionsto various features of the Service or the Internet; and to personalize theService based on the interests of customers. Such information helps Bee Line Cableimprove the Service and uncover unauthorized access to the Service orCustomer data and may be provided to law enforcement agencies in the eventof such unauthorized access. b. Confidentiality of Information: Bee Line Cable considers the personallyidentifiable Customer information that is collected to be confidential.Bee Line Cable will disclose to third parties personally identifiable informationthat BeeLine Cable maintains related to customers only when it is necessary todeliver the Service to customers or carry out related business activities,in the ordinary course of business, for ordinary business purposes, and at afrequency dictated by Bee Line Cable's particular business need, or pursuant to acourt order or order of any regulatory body having jurisdiction over matterswhich are the subject of this Agreement. Additional information regardingdisclosure of personally identifiable information is described in thePrivacy Statement which can be accessed through the Bee Line Cable HighSpeedInternet Service home page. 6. PROHIBITED USES OF THE SERVICE . Customer shall not use the Bee Line Cable Equipment or the Service, directly orindirectly, for any unlawful purpose. Use of the Bee Line Cable Equipment Service for transmission or storage of any information, data or material inviolation of any U.S. federal, state or local regulation or law is 3 prohibited. This includes, but is not limited to, posting or disseminatingcontent which is obscene, unlawful, defamatory, or which infringes theintellectual property of any person. a. In addition, Customer agrees not to: i. post, transmit or disseminate objectionable information, including,without limitation, any transmissions constituting or encouraging conductthat would constitute a criminal offense, give rise to civil liability, orotherwise violate any local, federal or international law, order orregulation; ii. access any other person's computer, software, or data of any otherperson, without the knowledge and consent of such person; iii. upload, post, publish, transmit, reproduce, create derivative worksfrom, or distribute in any way, information, software or other materialthrough the Service which is protected by copyright or other proprietaryright, without obtaining permission of the owner; iv. copy, distribute or sublicense any software provided by Bee Line CableUnderlying Providers, except that Customer may make one copy of eachsoftware program for backup purposes only; v. service, alter, modify or tamper with the Bee Line Cable service orpermit any other person to do the same that is not authorized by Bee Line Cable orits Underlying Providers. vi. restrict, inhibit or otherwiseinterfere with the ability of any otherperson to use or enjoy Bee Line Cable equipment or services, including, withoutlimitation, posting or transmitting any information or software whichcontains a virus or other harmful feature, or generating levels of trafficsufficient to impede others' ability to send or retrieve information; vii. knowingly disrupt the Service; viii. RESELL THE SERVICE OR OTHERWISE CHARGE OTHERS TO USE THE SERVICE, INWHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OR ON A BUNDLED OR UNUNBUNDLEDBASIS.CUSTOMER AGREES NOT TO USE THE SERVICE FOR OPERATION AS AN INTERNET SERVICEPROVIDER, A SERVER SITE FOR FTP, TELNET, RLOGIN, EMAIL HOSTING, "WEBHOSTING" OR OTHER SIMILAR APPLICATIONS, OR ASAN ENDPOINT ON A NONBEE LINE CABLE LOCAL AREA NETWORK OR WIDE AREA NETWORK, OR INCONJUNCTION WITH A VPN (VIRTUAL PRIVATE NETWORK) OR A VPN TUNNELINGPROTOCOL; or ix. connect the Bee Line Cable Equipment to any computer outside of the Customer'sPremises. b. Bee Line Cable reserves the right toimmediately terminate this Agreement andthe Service if Customer engages in any of the activities listed above or ifCustomer uses the Bee Line Cable Equipment or Services in a way which is contraryto any other Bee Line Cable or its Underlying Providers'policy. Copies of suchpolicies are available as described in Section 6(d) and at such otherweb sites as may be specified by Bee Line Cable or its Underlying Providers fromtime to time. The provisions of this Section 6 shall not in any way limitBee Line Cable's rights of termination pursuant to Section 7(a) of this Agreement.Customer agrees to indemnify and hold harmless Bee Line Cable against all claimsand expenses (including reasonable attorney fees) resulting from Customerengaging in any of the activities described in Sections 6(a) and (b) andsuch indemnification obligation shall survive the termination of thisAgreement. 7. TERMINATIONThis Agreement and Service provided hereundermay be terminated: . by Bee Line Cable: it any time without prior notice if the Customer fails to comply in fullwith any term of this Agreement; or ii. for any other reason upon thirty (30) days notice to Customer. a. by Customer at any time upon notice to Bee Line Cable. b. Customer Obligations Upon Termination: Customer agrees that upontermination of this Agreement: i. Customer will return all Bee Line Cable Equipment to Bee Line Cable. ii. Customer will return or destroy (at Bee Line Cable's direction) all copies ofany software provided to Customer pursuant to this Agreement. iii. Customer shall pay to Bee Line Cable the full manufacturer's suggested retailprice for the replacement of any Bee Line Cable Equipment or any software which isnot returned, is only partially returned, or is returned damaged (ordinarywear and tear excluded) at the end of this Agreement, together with anyincidental costs incurred by Bee Line Cable relating to its replacement. Customer authorizes Bee LineCable to charge Customer's credit or other debit card on filewith Bee Line Cable (if applicable)for any such charges and to otherwise collectsuch amounts from Customer. iv Customer shall pay Bee Line Cable in full for Customer's use of any BeeLine CableEquipment and Service up to the latter of (I) the end of the monthly billingperiod in which Service was terminated or (II) the date on which all Bee Line Cable Equipment has been disconnected and returned to Bee Line Cable. In cases in whichCustomer elected an annual prepayment arrangement, Customer agrees thatBee Line Cable, at Bee Line Cable's option, may calculate any refund based upon either thediscounted annual prepayment rate or the normal rate for the Service. v. If Customer does not return all Bee Line Cable Equipment to Bee Line Cable and/orCustomer's account has a balance due, Bee Line Cable may refer Customer's accountto a collection agency to pursue collection of such equipment and/orbalance. Fees incurred by Bee Line Cable as a result of Bee Line Cable's and its agent'sefforts to collect past due amounts from Customer may be assessed by Bee Line Cableupon Customer, in addition to any other fees due under this Agreement. c. Retention of Rights: Nothing contained in this Agreement shall beconstrued to limit Bee Line Cable's rights and remedies available at law or inequity. Bee Line Cable reserves the right to delete all data, files, electronmessages, or other information that is stored on Bee Line Cable's or its UnderlyingProvider's servers or systems when Customer's account with Bee Line Cable isterminated for any reason. 4 d. Multiple Users: Customer acknowledges that Customer is executing thisAgreement on behalf of all persons who use the Bee Line Cable Equipment and/orService through Customer's computer. Customer shall have the soleresponsibility for ensuring that all such other users understand and complywith the terms and conditions of this Agreement. Customer furtheracknowledges and agrees that Customer is solely responsible and liable forany and all breaches of the terms and conditions of this Agreement, whethersuch breach is the result of use of the Service and/or Bee Line Cable Equipment byCustomer or by any other user of Customer's computer. Customer agrees toindemnify and hold harmless Bee Line Cable and its Underlying Providers against allclaims and expenses (including reasonable attorney fees) arising out of useof the Service and/or Equipment by Customer or any other user of Customer'scomputer. 8. CONTENT Responsibility for Content: Customer should be aware that there may besome content on the Internet or otherwise available through the Servicewhich may be offensive to some individuals, or which may not be incompliance with laws. Neither Bee Line Cable nor its Underlying Providers assumesany responsibility for the content contained on the Internet or madeavailable by others. Neither Bee Line Cable nor its Underlying Providers shall haveany liability whatsoever for any claims, losses, actions, damages, suits orproceedings arising out of or otherwise relating to access to such contentby Customer. Questions or complaints concerning content should be addressedto the content provider. a. Posting of Content: Bee Line Cable assumes no obligation to monitortransmissions made on the Service. However, Customer acknowledges and agreesthat Bee Line Cable and its Underlying Providers shall have the right to monitosuch transmissions from time to time and to disclose the same in accordancewith applicable laws, regulations or governmental requests and to operatethe Service properly. Bee Line Cable and its Underlying Providers reserve the rightto refuse to post orto remove any information or materials, in whole or inpart, that in their sole discretion are unacceptable, undesirable or inviolation of this Agreement. 9. SERVICE CHARACTERISTICS Eavesdropping: The risk of "eavesdropping" exists on the Internetas wellas other services to which access is provided as part of the Service. This means that other persons may be able to access and/or monitor Customer'scomputer, transmissions and receptions. Because of this risk, any sensitiveor confidential information sent by Customer is sent at Customer's solerisk, and neither Bee Line Cable nor its Underlying Providers shall have anyliability whatsoever for any claims, losses, actions, damages, suits orproceedings arising out of or otherwise relating to such actions byCustomer. a. FTP/HTTP: Customer should be aware that when using the Service to accessthe Internet or any other online network or service, there are certaintransfer protocols, such as FTP (File Transfer Protocol) and HTTP (HyperText Transfer Protocol), which may allow other Service users and Internetusers to gain access to Customer's computer. If Customer chooses to run suchtransfer protocols, Customer should take appropriate security measures.Neither Bee Line Cable nor its Underlying Providers shall have any liabilitywhatsoever for any claims, losses, actions, damages, suits or proceedingsresulting from, arising out of or otherwise relating to the use of suchtransfer protocols by Customer, including without limitation, damagesresulting from others accessing Customer's computer. b. File and Print Sharing: The Service functions as a Local Area Network(LAN) in that each Customer is a node on the network. As such, users outsidethe Customer's home may be able to access the Customer's computer.Additionally, some software may permit other users across a network such asthe Service and the Internet to gain access to Customer's computer and tothe software, files and data stored on the computer. For example, operatingsystems such as Windows 5 and Apple Macintosh include file sharing andprint sharing capabilities which, when enabled, will permit other users togain access to the Customer's computer even if the Customer is not using theService. Bee Line Cable therefore recommends that the Customer connect only asingle computer to the Service and that the Customer disable file and printsharing and other capabilities that allow users to gain access to theCustomer's computer. Any Customer who chooses to participate in the Serviceusing other than a single computer or who chooses to enable capabilitiessuch as file sharing, print sharing, or other capabilities that allow usersto gain access to the Customer's computer, acknowledges and agrees that theCustomer does so at the Customer's own risk,and that neither Bee Line Cable norits Underlying Providers shall have any liability whatsoever for any claims,losses, actions, damages, suits or proceedings arising out of or otherwiserelating to such use by the Customer. c. High Risk Activities: TheService is not failsafe and is not designed orintended for use in situations requiring failsafe performance or in whichan error or interruption in the Service could lead to severe injury tobusiness, persons, property or environment ("High Risk Activities"). SuchHigh Risk Activities may include, without limitation, vital business orpersonal communications, or activities where absolutely accurate data orinformation is required. Subscriber expressly assumes the risks of anydamages resulting from HighRisk Activities. d. Facilities Allocation: Bee Line Cable reserves the right to determine, in itsdiscretion, and on an ongoing basis, the nature and extent of its facilitiesallocated to support the Service, including, but not limited to, the amountof bandwidth to be utilized in conjunction with the Service. 10. LIMITATION OF LIABILITY . Unless otherwise prohibited by law, neither Bee Line Cable nor its UnderlyingProviders will have any liability to Customer or to any third party for: i. any direct, indirect, incidental, special, punitive or consequentiallosses or damages, including loss of profits, loss of earnings, loss ofbusiness opportunities and personal injuries (including death), resultingdirectly or indirectly out of or otherwise arising in connection with,installation, modification or removal of Bee Line Cable Equipment, the CustomerEquipment, the use of the Service by Customer or any other user of theBee Line Cable Equipment or other Servicerelated equipment, including, withoutitation, any damage resulting from or arising out of Customer's relianceon or use of the Bee Line Cable Equipment, the Customer Equipment (and anyinstallation instructions) or Service, or the mistakes, omissions,interruptions, deletion of files, errors,defects, delays in operation,transmission, or any failure of performance of the Bee Line Cable Equipment orService; and ii. any losses, claims, damages, expenses, liabilities or costs (includinglegal fees) resulting directly or indirectly out of, or otherwise arising inconnection with any allegation, claim, suit or other proceeding based upon acontention that the installation or use of the Bee Line Cable Equipment, CustomerEquipment or Service by Customer or a third party infringes the copyright,tent, trademark, trade secret, confidentiality, privacy, or otherintellectual property rights or contractual rights of any third party, orbased upon a contention that opening Customer Equipment in order to installany Ethernet card required to use the rvice invalidates any warrantygoverning the Customer Equipment. a. The limitations set forth in this Section 10 apply to the acts,omissions, and negligence of Bee Line Cable and its Underlying Providers (and theirrespective officers, employees, agents, contractors or representatives)which, but for this provision, would give rise to a cause of action incontract, tort or any other legal doctrine. b. Customer's sole and exclusive remedies under this Agreement are asexpressly set out in this Agreement. Some states do not allow thelimitations or exclusion of incidental or consequential damages, so such 5 limitations or exclusions may not apply. 11. MISCELLANEOUS . Contact Address: For any inquiries or notices required in connection withthis Agreement, Customer may contact Bee Line Cable via email atwww.beelineonline.net/contactus.asp (or such other email address as Bee Line Cablemay designate) or in writing to Bee Line Cable Online Services, PO Box 431, Skowhegan, Maine 04976.a. Entire Agreement/Amendment: This Agreement, the Customer Work Order andany software end user license agreement provided in connection with theService constitutes the entire Agreement between Customer and Bee Line Cable. Noundertaking, representation or warranty made by an agent or employee ofBee Line Cable or its Underlying Providers in connection with the installation,maintenance or provision of the Service which is inconsistent with the termsof this Agreement shall be binding on Bee Line Cable. This Agreement maybe amendedby Bee Line Cable on thirty (30) days' prior notice to Customer, and such amendmentmay be posted to the Bee Line Cable’s HighSpeed Internet Service home page atwww.beelineonline.net (or the applicable successor URL) or otherwise provided toCustomer in hardcopy or electronic form, as determined by Bee Line Cable in itssole discretion. Customer's election to continue receiving the Servicethereafter shall be deemed to constitute Customer's acceptance of suchamendment. Notwithstanding anything to the contrary in this Section, theterms and conditions of the Acceptable Use Policy, as the same may berevised from time to time by Bee Line Cable and/or its Underlying Providers, applyto the Service and may, in fact, limit the use of the Service. b. Assignment: Bee Line Cable may freely assign its rights and obligations underthis Agreement, including, without limitation, to any parent, subsidiary orother affiliated company of Bee Line Cable. c. General: In the event that any portion of this Agreement is held to beunenforceable, the unenforceable portion shall be construed in accordancewith applicable law as nearly as possible to reflect the original intentionsof the parties and the remainder of the provisions shall remain in fullforce and effect. Bee Line Cable's failure to insist upon or enforce strictperformance of any provision of this Agreement shall not be construed as awaiver of any provision or right. Neither the course of conduct between theparties nor trade practice shall act to modify any provisions of thisAgreement. This Agreement may not be assigned or transferred by Customer.This Agreement shall be exclusively governed by, and construed in accordancewith, applicable federal law and the laws of Customer's state of residencewhere the Service is provided. 12. NOTICE Bee Line Cable may deliver notice to Customer by means of electronic mail sent toCustomer's email address on file with Bee Line Cable and/or by writtencommunication delivered by United States or overnight mail to Customer'saddress in Bee Line Cable's records.